HM Advocate v Ball

Criminal procedure – Sentencing diet – Absence of prosecutor. High Court of Justiciary: Passing a Bill of Advocation in which the Crown sought to recall a sheriff's decision in which he made no further order at an adjourned diet for sentence in indictment proceedings in respect that no procurator fiscal depute was present in court when case was called , the court held that the step the sheriff took was not competent: he had a duty to pass sentence at the adjourned diet and there were a number of options open to him which would have enabled him to comply with that duty.

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